10-18-94 CCM - Laserfiche WebLink

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DATE:10/25/94 TO: LAKE ELMO CITY COUNCIL FROM: CHAIR, LAKE ELMO HERITAGE PRESERVATION COMMISSION. ( '" SUBJECT: LEE HUNT'S ALLEGATIONS OF OPEN MEETING VIOLATIONS OF THIS COMMISSION STATED AS FOLLOWS: MONDAY, OCTOBER 3RD, 1994 WAS THE HERITAGE PRESERVATION COMMISSION'S "REGULAR MEETING" DATE! WE HAVE BEEN MEETING ON THE 1ST MONDAY OF THE MONTH SINCE ESTABLISHING THAT DATE SEVERAL MONTHS AGO. THE COURTS HAVE PROVIDED GUIDANCE ON NOTICE REQUIREMENTS FOR "REGULAR" MEETINGS IN SULLIVAN V. CREDIT RIVER: "NOTICE OF EACH INDIVIDUAL REGULAR MEETING NEED NOT BE ORDINANCE OR RULES, NO OTHER NOTICE IS NECESSARY". THE LEAGUE OF MN. CITIES STATE REQUIREMENTS AS FOLLOWS: "CITIES MUST KEEP A SCHEDULE OF THE REGULAR MEETINGS OF THE COUNCIL PLANNING COMMISSION AND OTHER COMMITTEES OR BOARDS ON FILE AT THE PRIMARY OFFICES OF THE COUNCIL COMMITTEE OR BOARD. FOR MOST CITIES. THAT MEANS CITY HALL." THERE WAS NO PRE -ESTABLISHED AGENDA FOR THIS MEETING BECAUSE NEITHER COMMISSION MEMBERS, CITY STAFF, NOR THE PUBLIC HAD OFFERED ANY ITEMS IN ADVANCE OF THE MEETING. THAT DOES NOT DETRACT FROM THE FACT THAT THE COMMISSION MET, AS REQUIRED BY ORDINANCE, AND ESTABLISHED AN AGENDA AT THE MEETING. THAT AGENDA WAS BASED ON A COUNCIL MANDATED ITEM THAT WAS DELIVERED BY MAIL AND DISCOVERED BY ME THE EVENING OF OUR MEETING. THERE HAVE BEEN NO STATUTORY VIOLATIONS NOR ANY VIOLATIONS OF CITY CODE. THE STATE ATTORNEY GENERAL, IN ANY CASE, HAS HELD THAT OPEN MEETING VIOLATIONS ARE NOT TORT MATTERS AND ARE THUS CONSIDERED CIVIL OFFENSES TO BE BROUGHT TO THE COURT BY PRIVATE INDIVIDUALS. I BELIEVE THAT MR. HUNT, WHO IS RUNNING FOR CITY COUNCIL THIS YEAR, AND CERTAIN MEMBERS OF THE CITY COUNCIL AND CITY STAFF ARE MOTIVATED BY THEIR DESIRE TO PUBLICLY EMBARRASS ME AS CHAIR OF THE H.P.C. AND DEFEAT ME IN THE UPCOMING ELECTION. LEE HUNT AND THE COUNCIL MUST BE AWARE THAT IT UNLAWFUL TO PROFFER FALSE INFORMATION THAT IS INTENDED TO DEFEAT MY CANDIDACY!